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Hello, I was at a petco store buying food for my snake and on my way out pay, one of the frozen mice i was carrying fell out of one of the bags. I picked it up and an employee came up behind me and started shoving me and telling me to get out of the store. I told her to stop and tried and to explain but she would not listen to me. I walked out humiliated and angry. Is there any sort of legal action i can take against this company?

Submitted: 17 days and 1 hours ago.

Category: Legal

Value: $18

Status: CLOSED

State/Country relating to Question: California

Already Tried:
I called the police to try and file an assault charge but they advised me it would be easier to just complain to corporate. Ive called the corporate office and I will be speaking with the manager of the location soon

Accepted Answer

Your only recourse would be to file a legal claim for slander and defamation if she made comments out loud in front of other customers to the extent that you were shoplifting.

Accepts:
Expert:	D. WINOGO ESQ.
Pos. Feedback:	98.5 %
Answered:	11/5/2009

Attorney

8+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator

17 days and 1 hours ago.

Reply

what about the fact that she put her hands on me?

Posted by D. WINOGO ESQ. 17 days and 1 hours ago.

Info Request

You can file a civil claim for assault against the employee, but these are all intentional torts for which Petco can and probably will distance themselves from the employee if you do decide to sue. However, these are good things to mention when discussing the issue with management.

17 days and 1 hours ago.

Reply

does she have to say "youre stealing?" for it to be defamation or just the act of her pushing me out of a store and telling me to leave while other people are around enough?

Posted by D. WINOGO ESQ. 17 days and 1 hours ago.

Info Request

She would have to make false allegations about you in public to be slander/defamation. The pushing would constitute simple assault.

17 days ago.

Reply

thank you very much

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Optional Information

State/Country relating to Question: California

Already Tried:
I called the police to try and file an assault charge but they advised me it would be easier to just complain to corporate. Ive called the corporate office and I will be speaking with the manager of the location soon

Accepted Answer

Your only recourse would be to file a legal claim for slander and defamation if she made comments out loud in front of other customers to the extent that you were shoplifting.

Reply

what about the fact that she put her hands on me?

Info Request

You can file a civil claim for assault against the employee, but these are all intentional torts for which Petco can and probably will distance themselves from the employee if you do decide to sue. However, these are good things to mention when discussing the issue with management.

Reply

does she have to say "youre stealing?" for it to be defamation or just the act of her pushing me out of a store and telling me to leave while other people are around enough?

Info Request

She would have to make false allegations about you in public to be slander/defamation. The pushing would constitute simple assault.

Reply

thank you very much

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State/Country relating to Question: California Already Tried: I called the police to try and file an assault charge but they advised me it would be easier to just complain to corporate. Ive called the corporate office and I will be speaking with the manager of the location soon

Accepted Answer

Your only recourse would be to file a legal claim for slander and defamation if she made comments out loud in front of other customers to the extent that you were shoplifting.

Reply

what about the fact that she put her hands on me?

Info Request

You can file a civil claim for assault against the employee, but these are all intentional torts for which Petco can and probably will distance themselves from the employee if you do decide to sue. However, these are good things to mention when discussing the issue with management.

Reply

does she have to say "youre stealing?" for it to be defamation or just the act of her pushing me out of a store and telling me to leave while other people are around enough?

Info Request

She would have to make false allegations about you in public to be slander/defamation. The pushing would constitute simple assault.

Reply

thank you very much

Related Legal Questions

State/Country relating to Question: California

Already Tried:
I called the police to try and file an assault charge but they advised me it would be easier to just complain to corporate. Ive called the corporate office and I will be speaking with the manager of the location soon